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        Customs

        Classification of an imported micronutrient preparation was in...

        Imported micronutrient mix with minor phosphorus: essential character test led to CTI 3824 99 90, not CTH 3105 fertilizer

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                Classification of an imported micronutrient preparation was in issue, specifically whether its small phosphorus content gave it the essential character of a fertilizer under CTH 3105. Applying GRI essential-character principles, Chapter 31 notes/explanatory notes, and the CBIC circular, the authority held that the product was a mixture of magnesium, zinc and boron with only minor phosphorus, and the micronutrients-not phosphorus-imparted its essential character. As a micronutrient preparation applied to foliage/soil to aid plant growth, containing fertilizing elements only in small amounts and not as essential constituents, it was excluded from Chapter 31 and classified as "chemical products n.e.s." under CTI 3824 99 90. - AAR
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